CITATION: R v Keli LANE [No 13] [2010] NSWSC 1540 HEARING DATE(S): 09/08/2010 - 13/12/2010
JUDGMENT DATE :
3 November 2010JUDGMENT OF: Whealy J CATCHWORDS: EVIDENCE - admissibility - lies as consciousness of guilt - directions to jury - elements in R v Heyde - alleged lies central to Crown case - perpetuation of lies - requirement of evidence establishing lies - possible circularity when acceptance of lies as consciousness of guilt taken as admission of guilt - danger that evidence demonstrating consciousness of guilt establishes guilt of accused - conduct pointing to guilty mind - unfair prejudice - limitation of evidence - perpetuation of a lie not available as separate evidence of guilt - right to silence - Crown not entitled to reverse onus of proof - directions to exclude or limit its use - need for restraint in presentation of Crown case. LEGISLATION CITED: Evidence Act 1995 s 137 CATEGORY: Procedural and other rulings CASES CITED: R v Cook [2004] NSWCCA 52
Quinlan v R (2006) 164 A Crim R 106
Edwards v R (1993) 178 CLR 193
R v Zheng (1995) 83 A Crim R 572
R v ST (1997) 92 A Crim R 390 at 394
Mercer v R (1993) 67 A Crim R 91 at 98
R v Middleton [2001] Crim LR 251
R v Harron [1996] Crim LR 581 at 583
R v Laz (1998) 1 VR 453; R v Russo [2004] VSCA 206
R v Sirillas [2006] VSCA 234
R v Heyde (1990) 20 NSWLR 234
Zoneff v R (2000) 200 CLR 234
R v Lodhi [2006] NSWSC 672
R v Sutton (1986) 5 NSWLR 697 at 701
R v Ray (2003) 57 NSWLR 616 at 632
R v Singh-Bal (1997) 92 A Crim R 397
Macpherson v R (1981) 147 CLR 512TEXTS CITED: Wood, “Criminal Law Update: Court of Criminal Appeal” (1999) 4 Judicial Review 217 at page 238 PARTIES: Regina (Crown)
Keli LANE (Accused)FILE NUMBER(S): SC 2009/256171 COUNSEL: M Tedeschi QC / H Baker (Crown)
K Chapple SC / S Sloane (Accused)SOLICITORS: Director of Public Prosecutions (Crown)
K Laurie, Archbold Legal Solutions (Accused)LOWER COURT JURISDICTION: Supreme Court
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST
WHEALY J
WEDNESDAY 3 NOVEMBER 2010
JUDGMENT: On application to leave lies and conduct as consciousness of guilt2009/256171 REGINA v Keli LANE
1 HIS HONOUR: In its opening to the jury, the Crown submitted that, in the period between approximately 1995 and 2004, the accused told a considerable number of lies concerning events surrounding the circumstances of the birth of three of her four children. A number of these lies, it was said, related to the circumstances surrounding the birth of her second child, Tegan. The Crown case is that Tegan was murdered by her mother very shortly after her birth. In particular, the Crown opening asserted the “perpetuation” by the accused of a version (or versions) she…
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- AGLC
- R v Lane (No 13) [2010] NSWSC 1540
- Case
- [2010] NSWSC 1540
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the evidence of the alleged lies could be admitted under the principles established in R v Heyde. The court needed to consider whether the perpetuation of these lies could be used as separate evidence of guilt, and if so, whether this constituted an unfair prejudice to the respondent. Furthermore, the court had to assess whether such evidence could establish guilt in itself, or if it merely pointed to a guilty mind, without constituting direct proof of guilt. The court also had to consider the respondent's right to silence and whether the Crown could reverse the onus of proof by presenting evidence of the alleged lies.
The court held that evidence of lies, when considered as consciousness of guilt, must not be used to directly establish the guilt of the accused. Such evidence, while it may point to a guilty mind, does not in itself establish guilt. The court emphasised the need for restraint in the presentation of the Crown's case, particularly when the admissibility of evidence of lies is in question. The court found that the perpetuation of a lie could not be used as separate evidence of guilt and that the Crown was not entitled to reverse the onus of proof. The court further directed that the jury should be appropriately instructed to exclude or limit the use of such evidence, to prevent any possible circularity where the acceptance of the lies as consciousness of guilt could be taken as an admission of guilt.
The court's final orders were that the evidence of the alleged lies could not be used as direct proof of the respondent's guilt. The trial judge was directed to provide specific instructions to the jury on the limited admissibility of such evidence, ensuring that it was not used in a manner that would unfairly prejudice the respondent or establish guilt without proper proof. The court's decision underscored the importance of maintaining the integrity of the legal process and protecting the rights of the accused.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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